Aijaz Ahmed Khan v Shahzad Khan [2014] NSWSC 342

Supreme Court New South Wales

Medium Neutral Citation: Aijaz Ahmed Khan v Shahzad Khan [2014] NSWSC 342 Hearing dates: 14 March 2014 Decision date: 14 March 2014 Jurisdiction: Equity Division Before: Darke J Decision: Interlocutory order that plaintiffs be recognised as the Executive Council of the Association. Catchwords: CORPORATIONS - associations - right of members to requisition special general meeting - whether special general meeting convened in accordance with rules of association

REMEDIES - injunction - interlocutory injunction - serious questions to be tried as to whether special general meeting validly convened - whether executive council elected at meeting should be replaced by former executive council - balance of convenience Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Category: Principal judgment Parties: Aijaz Ahmed Khan (first plaintiff) Masud Akbar Cheema (second plaintiff) Nasib Mohammed (third plaintiff) Mohammad Yousuf (fourth plaintiff) Mohammed Sohaib Malak (fifth plaintiff) Shahab Uddin Siddiqui (sixth plaintiff) Mukhtar Qazi (seventh plaintiff)

Shahzad Khan (first defendant) Sohail Shamim (second defendant) Rafay Siddique (third defendant) Sammih Khan (fourth defendant) Zulfiqar Ali (fifth defendant) Mahmood Khan (sixth defendant) Nizam Ali (seventh defendant) Islamic Association Western Suburbs Sydney Inc (eighth defendant) Representation: Counsel: Mr A Cheshire (first to seventh plaintiffs) Mr R Rajalingam (first to seventh defendants) Solicitors: Low Doherty & Stratford (first to seventh plaintiffs) Denison Toyer (first to seventh defendants) File Number(s): 2014/71246 Publication restriction: Nil